Ann Marie Moritz v. HHS - Pneumococcal, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Ann Marie Moritz filed a petition for compensation on August 1, 2019, alleging that a pneumococcal conjugate vaccine administered on January 19, 2017, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The petition stated that the vaccine was administered within the United States, that she experienced residual effects of her condition for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf as a result of her injury.
The respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused Petitioner's alleged left shoulder injury or any other injury, and denied that her current left shoulder condition is a sequela of a vaccine-related injury. On October 26, 2021, the parties filed a joint stipulation agreeing that compensation should be awarded.
Chief Special Master Brian H. Corcoran adopted the stipulation as the decision.
The decision awarded Petitioner a lump sum of $80,000.00, payable to Petitioner, representing all items of damages available under Section 15(a) of the Vaccine Act. Petitioner's counsel was Leigh Finfer of Muller Brazil, LLP.
Respondent's counsel was Camille Michelle Collett of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests, treatments, or expert witnesses.
Theory of causation
Petitioner Ann Marie Moritz alleged a shoulder injury related to vaccine administration (SIRVA) caused by a pneumococcal conjugate vaccine administered on January 19, 2017. Respondent denied a SIRVA Table injury and that the vaccine caused the alleged injury. The parties filed a joint stipulation for compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $80,000.00 as a lump sum. The theory of causation is based on the "Table" of the Vaccine Injury Compensation Program, as indicated by the stipulation. The public decision does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award beyond the total lump sum. Attorneys involved were Leigh Finfer for Petitioner and Camille Michelle Collett for Respondent. The decision date was December 1, 2021.
Source PDFs
USCOURTS-cofc-1_19-vv-01120